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Accessibility and Reasonable Accommodation: Fulfilling the Intent of the CRPD

Accessibility and Reasonable Accommodation: Fulfilling the Intent of the CRPD. Presentation by Anne Hawker, RI President 2 nd Conference of States Parties United Nations, New York September 2-4, 2009. Relationship between accessibility and reasonable accommodation .

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Accessibility and Reasonable Accommodation: Fulfilling the Intent of the CRPD

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  1. Accessibility and Reasonable Accommodation: Fulfilling the Intent of the CRPD Presentation by Anne Hawker, RI President 2nd Conference of States Parties United Nations, New YorkSeptember 2-4, 2009

  2. Relationship between accessibility and reasonable accommodation • Both are core to the successful inclusion of people with disabilities in society • Denial of reasonable accommodation as a form of discrimination • Accessibility – principle and article –impact broader • Unlike accessibility, the right to benefit from reasonable accommodation is immediately applicable

  3. Definition of “reasonable accommodation” CRPD, article 2: “Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms. . .” Often referred to as • Reasonable adjustment • Reasonable modification

  4. Features of “reasonable accommodation” • Under the CRPD: not limited to employment, but covers education, accessibility, health, access to justice, legal capacity and others • A focus on an individual case and what needs to be done to ensure that the particular person can participate fully (though the adjustment may be of benefit to others) • It is reasonable accommodation or adjustment that is required – if an undue burden/hardship or disproportionate burden is involved, then not reasonable. • Myths regarding costs

  5. Implementation strategies • Changes to national laws to ensure that reasonable accommodation reflects the breadth of application as envisaged under the CRPD • Development of guidelines to demonstrate the intent contained in CRPD • Provision of accessible information on the right of people with disabilities to accessible accommodation • Setting clear accountabilities on State agencies • Training and attitude change

  6. Conclusion • Crucial to the effective implementation of the UNCRPD, is area of accessibility. • Social model and inclusive development • Much can already be done as it is discriminatory not provide “reasonable accommodations” and is immediately applicable • An important area for international and regional co-operation to learn from each other • “Nothing about us, without us.”

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